Have you ever considered selling your own homemade cakes? Birthdays, weddings, baptisms: there are always plenty of occasions. But between the joy of creating and the reality of the legal framework, several specific rules apply, and they primarily depend on a simple criterion: the nature of the product sold.
French regulations classify pastries into two main categories:
Fresh pastries (entremets, filled tarts, éclairs, Paris-Brest, filled macarons, butter creams) are stored in the cold and consumed quickly.Preserved pastries (sablés, cookies, financiers, travel cakes, gingerbread) can be kept for several days, sometimes several weeks.
This classification is not trivial: it determines the required diploma, the level of health control, and the declaration procedures to be followed.
Conservation pastries can be sold without a specific diploma, provided that basic hygiene rules are followed. This is not the case when the cake contains cream, mousse, or fresh fruit: the law then requires holding a CAP Pâtissier (or an equivalent diploma) or having three years of professional experience in the sector.
This requirement protects both consumers, who are exposed to fragile products, and the profession itself. For those wishing to retrain without prior experience, a distance learning CAP Pâtissier course allows obtaining this diploma in one to two years, including internships, and helps approach this step, often seen as the main obstacle to the project, with confidence.
Contrary to what is often read, the 14-hour HACCP training is not mandatory for everyone. Article L.233-4, which imposes it, specifically targets commercial catering, meaning establishments where consumption takes place on-site. If you only sell take-out cakes, this training is therefore not a legal requirement, even without a CAP. However, basic hygiene rules remain essential in all cases: health control plan, traceability of ingredients, and compliance with the cold chain. HACCP training becomes mandatory as soon as you offer an on-site consumption area, such as a tea room adjacent to your business, and the CAP Pastry does not exempt you from this obligation.
Selling cakes regularly, even in small quantities, requires creating a legal structure. The micro-entrepreneur status remains the most common way to get started, with registration through the INPI's single window and obtaining a SIRET number. Depending on the nature of the products, a declaration to the DDPP is added to these steps, especially when animal-derived ingredients such as eggs, butter, or cream are involved.
Between the type of product, the required qualifications, and the administrative formalities, selling homemade cakes follows a specific path, far from improvisation. Once these rules are known and integrated, they cease to be an obstacle: instead, they become the solid foundation on which to build a genuine, artisanal, and sustainable business.
Author Audrey on 18 August 2022
Education and Training : School
Author Loïc on 09 September 2026
Education and Training : University